(Prayer: This Crl.P. is filed u/s. 439 of Cr.P.C (old), 483 of BNSS (new), praying to allow this petition and Enlarge the petitioner/A-1 (as per charge sheet) on Bail in connection with crime No.91/2025) of Narona Police station, Kalaburagi District registered for The offences 189(2), 191(2), 191(3), 61(2)(a), 329(3) and 103(1) r/w section 190 of the Bharatiya Nyaya Sanhita, 2023 now pending in S.C.No.236/2025 on the File of 3rd Additional District and Sessions Judge, Kalaburagi.)

G Basavaraja, J.

Oral Order:

1. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent/State.

2. The petitioner, who is accused No.1 has filed this petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail in Crime No.91/2025 of Narona Police Station, Kalaburagi for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 329(3) and 103(1) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’) pending in S.C. No.236/2025 before the III Additional District and Sessions Judge, Kalaburagi.

3. On the basis of the complaint filed by Gurulingappa S/o Channabasappa Heera, Narona Police have registered the case in Crime No.91/2025 against accused Nos.1 to 4 and others for the commission of offences under Sections 189(2), 191(2), 191(3), 329(3) and 103 read with Section 190 of the BNS. During the course of investigation, the Investigating Officer has arrested the present petitioner on 26.04.2025 and produced before the Court. The accused was remanded to judicial custody and he was in judicial custody till this day.

4. The bail application filed by the petitioner in Criminal Miscellaneous No.222/2026 before the III Additional District and Sessions Judge, Kalaburagi came to be rejected on 06.03.2026. Hence, the petitioner has filed this petition.

5. I have examined the material placed before this Court. The Investigating Officer has already submitted the chargesheet against accused Nos.1 to 7 for the commission of offences under Sections 189(2), 191(2), 191(3), 61(2)(a), 329(3) and 103(1) read with Section 190 of the BNS.

6. It is submitted by the learned counsel for the petitioner that accused Nos.6, 7 and 5 have already been released on bail by the Trial Court in Criminal Miscellaneous Nos.771/2025, 669/2025 and 924/2025 respectively. It is further submitted that accused No.3 has already been released on bail as per the order of this Court in Criminal Petition No.201403/2025 on 19.09.2025. Accused No.2 has already been released on bail as per the order of this Court in Criminal Petition No.201435/2025 on 24.09.2025. Accused No.4 has already been released on bail as per the order of this Court in Criminal Petition No.201342/2025 on 12.09.2025. The present petitioner has filed the petition in Criminal Petition No.201596/2025. The same was withdrawn as per order dated 13.11.2025. Subsequently, another petition was filed in Criminal Petition No.200097/2026, which also came to be dismissed as withdrawn with liberty to file bail petition on medical grounds as per order dated 28.01.2026. Now the petitioner has filed this petition on following grounds:

               “1.The Petitioner is a law-abiding citizen and is in no way connected to the offences alleged.

               2. It is submitted that there is no prima-facie case made out against the petitioner.

               3. It is submitted that the petitioner has been implicated at the instance of their ill-wishers.

               4. It is submitted that there are no eye witnesses to the incident and the entire case of prosecution is based on circumstantial evidence and the chain of the circumstances will have to be established by the prosecution after a full dressed trial, if the petitioner is kept behind bars till the conclusion of trial he would be put to great hardship and irreparable loss hence the petitioner may kindly be granted bail.

               5. It is submitted that except of the voluntary statement of petitioner there is absolutely no material placed in the charge sheet to implicate the petitioner in the present case, hence the petitioner may kindly be enlarged on bail.

               6. It is submitted that the prosecution alleges that blood stained shirts and a knife was recovered at the instance of petitioner., however upon perusal of the FSL report it becomes crystal clear that the blood stained shirts seized at the instance of petitioner do not contain the blood stains which could be attributed to that of the deceased, hence the petitioner deserves to be granted bail.

               7. It is submitted that the petitioner is suffering from Cholelithiasis (Kidney Allment) and was hospitalized in GIMS hospital from 24/11/2025 to 01/12/2025 and has undergone surgery for the same, hence the petitioner may kindly be granted bail on medical grounds.

               8. It is submitted that similarly placed accused no.2 has been granted bail by this Hon'ble Court vide order dated 24/09/2025 passed in Crl P No 201435/2025 hence the petitioner may kindly be granted bail on the ground of parity.

               9. It is submitted that similarly placed accused no.4 has been granted bail by this Hon'ble Court vide order dated 12/09/2025 passed in Crl P No 201342/2025 hence the petitioner may kindly be granted bail on the ground of parity.

               10. It is submitted that similarly placed accused no.3 has been granted bail by this Hon'ble Court vide order dated 19/09/2025 passed in Crl P No 201403/2025, hence the petitioner may kindly be granted bail on the ground of parity.

               11. It is submitted that the Co-accused have been granted bail by the Hon'ble Sessions Court vide orders passed in CR.MISC NO 771/2025,669/2025.,924/2025, hence the petitioner may kindly be granted bail on the ground of parity.

               12. It is submitted that the petitioner has been arrested and sent to judicial custody on 26/04/2025, now since the Investigation is completed and charge sheet is filed, the presence of the petitioner for the purpose of interrogation or recovery is no more required, hence the petitioner may kindly be enlarged on bail.

               13. It is submitted that the petitioner is the only bread winner of the family and have the responsibility of taking care of his family, hence the petitioner may kindly be enlarged on bail.

               14. It is submitted that the petitioner belongs to a respectable family having deep roots in the society.

               15. It is submitted that the petitioner is a permanent resident of the address shown in the cause title, having both moveable and immoveable property, hence the question of petitioner fleeing away from justice does not arise, hence the petitioner may kindly be granted bail.

               16. It is instructed that the petitioner has no criminal antecedents and is ready and willing to abide by any conditions imposed by this hon'ble court and is also ready to furnish solvent surety to the satisfaction of this Hon'ble Court.

               17. It is submitted that no other bail application is pending before any other court of law which is filed by the petitioner herein.”

7. To substantiate the grounds urged in the petition, the petitioner has produced the documents issued by the GIMS.

8. I have examined the materials placed before this Court. The present case is based upon the circumstantial evidence. The accused is not required for further investigation. After arrest of the accused, the Investigating Officer has recorded the voluntary statement, on that basis, he has seized certain materials. It is alleged by the prosecution that accused No.4 tightly caught hold the deceased's legs. At that time, accused No.1 stabbed the deceased with knife. Accused No.4 has already been released on bail by this Court as per order dated 12.09.2025 in Criminal Petition No.201342/2025. It is admitted that trial has not yet commenced. The accused has been in judicial custody for nearly one year from the date of arrest. At the time of granting bail to accused No.4, in paragraph No.8 of the order, this Court has observed as under:

               “8. Admittedly, there are no eyewitnesses to the incident. The prosecution places reliance on various circumstances. However, admittedly there is no recovery at the instance of the present petitioner. As per Column No.17 of the charge-sheet, the petitioner being accused No.4 was holding the legs of the deceased, while accused Nos.1 to 3 who were armed with weapons as stated above and assaulted the deceased repeatedly. It is not the contention of the prosecution that, the petitioner is arraigned as accused either in Crime No.3/2025 or in 4/2025 of Narona Police Station. It is not the contention of the prosecution that the petitioner is having any criminal antecedents. Accused Nos.5 to 7, against whom there are no allegations in the charge-sheet, are said to have already been enlarged by the Trial Court.”

9. Considering the facts and circumstances of this case and keeping in the mind of the orders passed by this Court in Criminal Petition Nos.201403/2025, 201435/2025 and 201342/2025 and also the medical records produced by the petitioner, at this stage, it is just and proper to release the accused on bail with conditions on the principle of parity. Accordingly, I proceed to pass the following:

               ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.91/2025 of Narona Police Station, Kalaburagi for the offences punishable under Sections 189(2), 191(2), 191(3), 61(2)(a), 329(3) and 103(1) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023, pending in S.C. No.236/2025 before the III Additional District and Sessions Judge, Kalaburagi, subject to the following conditions:

               a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum, to the satisfaction of the III Additional District and Sessions Judge at Kalaburagi in S.C.No.236/2025;

               b) Petitioner shall not tamper with the prosecution witnesses or threaten the prosecution witnesses in any manner;

               c) Petitioner shall appear before the Trial Court on all dates of hearing without fail.

               d) Petitioners shall not indulge in similar offences in future;

                   e) The Registry is directed to send the copy of this order to the Trial Court.